Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01026-KAJ Document 48-5 Filed O3/28/2006 Page 1 of 2
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Ashley Stitzer
From: Ashley Stitzer
Sent: Friday, I\/Iarch 17, 2006 3:43 PIVI
T0: ‘[email protected]'
Subject: NationsRent v. Bobcat
Importance: High
Fred:
During the hearing on February 1, 2006, the parties agreed that the defendant would provide the names
ofthe immediate, mediate and subsequent transferees ofthe preferential transfers on or before February
I5, 2006. and that the parties would file a stipulation amending the complaint to na1ne the correct
corporate entities. In addition, the parties would Hle under certification of counsel a revised scheduling
order that extends the fact and expert discovery deadlines up to the mediation date. Pursuant to the
parties' agreement, the scheduling order was tiled on or about February 7. 2006.
During our discussion on February 24, 2006, you advised me that you changed firms and were having a
dispute with your prior firm regarding possession of the Bobcat file. You further advised me that you
were waiting for approval from your present firm ofa letter to your prior firm regarding the issues
relating to the file. Given the fast approaching discovery deadlines and your inability to comply with
the parties' February I agreement to provide the correct named defendants, you agreed to file a motion
seeking to continue the discovery deadlines in this proceeding.
During the mediation teleconference with Judge Thynge on March 6, 2006, you stated that you had
possession of the file, but it did not include certain information contained on your prior firm’s computer
system.
The defendants written discovery responses were due on March 3, 2006. In addition, to date, I have not
received the correct names of the immediate, mediate and subsequent transferees of the preferential
transfers. Therefore, I have been unable to file the amended complaint and unable to determine whether
any further discovery is needed relating to any additional defendants.
The fact discovery deadline is presently April 20, 2006. At your earliest convenience, please advise
whether the Defendant intends to file a motion seeking an extension of the scheduling deadlines. Please
be advised that if we are unable to resolve this issue in the very near iirture, I intend to seek guidance
from the Court.
Ashley B. Stitzer, Esq.
The Bayard Firm
222 Delaware Avenue, 9th Floor
Wilmington, Delaware 19801
Main: (302) 655-5000
Direct: (302) 429-4242
Fax: (302) 658-6395
Website:
3/28/2006